Terms + Conditions

 

TERMS & CONDITIONS OF BUSINESS

1. GENERAL

a.       The Haybarn or Home Farm or we or us means Home Farm Dulas Partnership of Home Farm Dulas Hereford HR2 0HJ

b.       You or your means the person(s) named on a Booking Form confirmed by us (and prior to such confirmation a person applying to make a booking with us).

c.       Booking Form means the booking form specified by us to be used for reservations of the Property and/or services or facilities offered by us.

d.       Property means The Haybarn, Home Barn and/or Home Farm and/or outbuildings and grounds or part thereof as booked by you.

e.       Charges means the charges to be paid by you to us for use of the Property which includes the Property hire but not the costs of your Event.

f.        Event Date means the date on which your use of the Property, services and/or facilities as reserved by you is due to start or does actually start.

g.       Event means the event (if any) to be held by you at the Property.

h.       Terms means these terms and conditions of business as amended from time to time.

2. BOOKING PROCEDURES AND FORMATION OF CONTRACT 

2.1 Reservations: We may allow you to provisionally reserve the Property over the telephone or by email. No contract exists between you and us at this point. If we do not receive from you the completed Booking Form within 24 hours following receipt and any relevant payment in accordance with these Terms then we shall release the reservation and be under no liability to you.

2.2 Booking: Bookings will only be accepted if our Booking Form is duly completed and returned by you to us either by email or post or by hand along with a signed copy of these Terms and the deposit and any other payment required. Your booking will be subject to our acceptance, at which point your booking is confirmed and a contract is formed between us. Please be aware that submission of the Booking Form and its acceptance by us will make you liable to pay charges as specified in these Terms.

2.3 Authority to sign: By signing the Booking Form you confirm that you are over 18; authorised on behalf of all persons who will occupy the Property pursuant to your booking; that you are responsible for them; and that you shall be a member of the party occupying the Property.

2.4 Postponement: You have no right to postpone or defer your booking once confirmed by us. Unless otherwise agreed by us in writing, any postponement of your booking will be deemed to be a cancellation of your original booking and subject to cancellation charges (see clause 4) followed by a new booking.

3. PAYMENT

3.1 Deposit: For bookings made more than 24 weeks prior to the Event Date a non-refundable deposit of 10% of the Charges must be delivered with the completed Booking Form. In the event that we do not accept your request for a booking all monies paid by way of deposit will be refunded immediately.

3.2 Refundable Damage Deposit: A Deposit of £500 is due 2 weeks before the Event Date. This sum will be held to cover any losses, damage and additional cleaning charges that may arise if the Property is left in an unsatisfactory condition. Charges for extra services may be deducted from this deposit in addition to charges that may have to be applied due to any alteration in VAT or other expenses. This deposit less any deductions will be refunded within fourteen days after the Event Date.

3.3 Instalments: 40% of the total Charges is due 12 weeks after the date of booking.

3.4 Final Payment: The balance of any Charges is due 12 weeks before the Event Date.

3.5 Late Booking: If a booking is made less than 12 weeks before the Event Date the full amount of the Charges must be made at the time of delivery of the Booking Form and is not refundable.

3.6 Additional/Event Services: Payment for all additional services shall be made in full 2 weeks prior to the Event Date.

3.7 Method of Payment: Payment may be made by bank transfer to Home Farm Dulas a/c 00340600, sort code 30-94-14 or cheque made payable to Home Farm Dulas. Payment by cash should be sent by registered post. Any charges raised against us by our bank for handling dishonoured cheques or direct debit payments will be passed on to you.

4. CANCELLATION

4.1 Cancellation by you: You do not have a right to cancel under the Consumer Contracts Regulations 2013. Any request to cancel a booking must be sent to us in writing. We will treat your booking as cancelled on the day we receive your written notice. If you cancel you will be liable to make payments to us of the Charges shown on the Booking Form to the following extent:-

4.1.1 Cancellation by you 9 months or more before the Event Date – your deposit (subject to clause 4.2);

4.1.2 Cancellation by you less than 9 months before the Event Date – 50% of the total Charges in terms of the Booking Form (subject to clause 4.2).

4.1.3 Cancellation by you 3 months or less before the Event Date – 100% of the total Charges in terms of the Booking Form (subject to clause 4.2).

4.1.4 the charges in respect of additional/Event services as set out in clause 4.3

4.2 Re-let by us: We will attempt to re-let the Property for the period of your cancelled booking. If we are able to re-let the Property for the same price as you agreed to pay, then we will refund you the Charges paid by you less your non-refundable deposit.

4.3 Additional/Event Services: If you cancel your confirmed booking you will be liable to us for any costs we incur in respect of placed orders for items specifically requested by you for your Event which required early ordering and which we are unable to cancel.

4.4 Non-Availability of Property. We do not expect to cancel your booking but if for any reason beyond our control the Property becomes unavailable on the date booked (owing to fire damage, for example) or the Property is in a condition unsuitable for letting, we will let you know as soon as possible and try and assist you with alternative dates. If it is necessary to cancel all Charges paid in advance by you will be refunded in full to you.

5. PRICE CHANGES

5.1 We periodically review and amend our charges. Please contact us for current details.

5.2 We reserve the right to amend the Charges in the case of error or omission or changes in the VAT rate but otherwise unless you change your requirements your Charges shall be as confirmed by us at the time of booking.

5.3 Charges for additional services requested by you for your Event will be confirmed with you when the details of such services are finalised. Please note that the charges may change depending on your requirements and the availability and cost of any required items in the market.

5.4 If the number of your guests increases or decreases this may have an impact on the Charges and/or the charges for any additional services for your Event. We will let you know if this is the case.

6. RELATED EVENT SERVICES

6.1 Payment: You will be invoiced for related Event services, ie staffing, alcohol, hire items, ceremony space, or any Event services we have organised at least 21 days prior to the Event Date. You are required to pay such invoices not less than 14 days before the Event Date.

6.2 Loss & Damage: You are responsible for all equipment provided. Any breakages, loss or damage, however caused, (other than fair wear and tear) will be charged to you at full replacement value, and must be paid in full on presentation of our invoice. 

6.3 Suppliers: You must give us details of any suppliers you book for your Event as soon as possible but not less than 6 weeks before your Event. You should also ensure that any supplier booked by you has public liability insurance and provide us with copies of their public liability insurance when you give us their details.

6.4 Audio equipment, bands & DJs: These must be approved by us in advance of your Event and before you book your band, DJ or any equipment it is proposed to use at your Event. We will monitor sound during your event. Music must end at 12.00 am.

6.5 Alcohol: Neither you nor any guests attending your Event may bring any alcohol on to the Property without previously agreeing terms with us.

7. IMPORTANT INFORMATION

7.1 House guests: The maximum number of house guests permitted to occupy the Property at any time must not be exceeded. These are:

7.1.1 Home Barn holiday barn – 8 guests

7.1.2 Home Farm B&B – 6 guests

7.1.3 The Yurt – 6 guests

7.1.4 The Shepherds Hut – 2 guests

7.1.5 Camping – 10 pitches

7.2 Event End: Your Event must finish at the agreed finish time. Music to finish by 12.00 am, guests over and above the agreed number of house guests to depart by 12.30 am.

7.3 Late Night Revelry: We wish you to have a truly wonderful stay and enjoy your time with us. However we ask you to respect our family living on the property and our neighbours. For this reason we reserve the right to stop late night revelry on the premises.

7.4 Contact Information: A guest list specifying names and numbers of guests on the Property at any given time must be submitted before any Event.

7.5 Children: Children are welcome. You are reminded that this is an historic Property – it has not been designed specifically with children in mind. You are therefore requested to supervise the children in your party at all times.

7.6 Duration of Bookings. Your booking commences on the arrival date and ends on the date of departure at the times agreed by us.

7.7 Arrival: If anything is missing or damaged when you arrive please let us know immediately otherwise we will assume that you have caused the damage or loss. On arrival we will provide you with our Property Information Pack setting out information and rules relating to your use of the Property. Please ensure you and your party read the Property Information Pack and familiarise yourselves with the layout of the Property and its exits.

7.8 Smoking: It is against the law to smoke in any buildings but there are designated smoking areas at the Property.

7.9 Candles/tea lights: If wishing to use candles to decorate the barn, please discuss this prior to the event with the Event Manager, as some candles may not be permitted due to fire risk.

7.10 The Stream: The stream is unsupervised. Access is at your own risk in all respects and at all times. Children must be supervised at all times. Neither you nor your guests should swim in the stream at any time.

8. YOUR OBLIGATIONS: You agree:

8.1 To pay for any losses or damages you or your party cause to the Property and/or its contents, however caused (reasonable wear & tear excluded).

8.2 To take good care of the Property and keep it in a clean and tidy condition and leave it in the same condition at the end of your booking as at the Event Date.

8.3 Not to smoke or cook anywhere other than in areas of the Property designated for such purposes.

8.4 Not to bring any pets to the Property unless otherwise agreed by us. Assistance dogs are permitted but please advise when booking if you intend to bring one.

8.5 No fireworks are permitted other than by agreement with us.

8.6 Confetti and balloons are not permitted at the Property unless biodegradable. We advise you to use natural petal confetti.

8.7 Not to use the Property for dangerous, offensive, noisy, illegal or immoral activities or cause nuisance or annoyance to neighbours or anyone else during your stay.

9. BREACH BY YOU

9.1 Termination: If you breach any of these Terms and in particular if you cause damage to the Property or create a nuisance both of which constitute a breach of contract, we may terminate your booking forthwith in which event all monies paid by you will be forfeit and you may be required to vacate the Property.

10. LIABILITY

10.1 Foreseeable loss: We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking our contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time our contract was made, both we and you knew it might happen, for example, if you discussed it with us during the booking process.

10.2 No limit on liability: We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the services.

10.3 Business Losses: We are not liable for business losses. We only supply the services for private use. If you use the services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

10.4 Personal Belongings and Borrowed Equipment: We shall not unless we are at fault be liable for loss or damage to your personal belongings or those of any member of your party or your guests or subject to, clause 9.2, for any loss or damage incurred by your use of any equipment borrowed from us or provided by us.

10.5 Events beyond our Control: We will not be liable for any failure to perform our obligations under these Terms if such failure is as a result of an event beyond our control. An event beyond our control means any act or event that is beyond our reasonable control and includes without limitation fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, strikes or industrial action by third parties, terrorist attack or threat of terrorist attack, war or threat of war, civil commotion, riot, invasion or failure of public or private telecommunications or utilities networks.

11. MISCELLANEOUS

11.1 Discrepancies. In the event of discrepancy between these Terms and the contents of any other brochure or our website, these Terms shall prevail.

11.2 Problems or Complaints: If you have any problems or complaint with the Property or related services, please tell us as soon as possible and give us the opportunity to rectify matters. We will work with you to investigate and resolve any problem or complaint.

11.3 How we will use your personal information: We will use the personal information you provide to us to provide the Property and any related services you have requested, process your payment and if you agreed to this during the booking process, to provide with you with further marketing information, but you may stop receiving these communications at any time by contacting us. We will only give your personal information to third parties where the law either requires or allows us to do so.

11.4 Delays: Even if we delay in enforcing our contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms that will not mean that you do not have to do those things or prevent us taking steps against you at a later date.

11.5 Third Parties: No person who is not a party to the contract formed between us shall have any rights under such contract.

11.6 Applicable Law: These terms are governed by English law and you can bring legal proceedings in respect of the services in the English courts.